[2023] KEHC 3106 (KLR)
The application was dismissed because the applicant failed to provide any supporting documents or proceedings to demonstrate that the trial court did not consider the period spent in custody. Without such evidence, the court could not verify the applicant's claim or grant the relief sought. The court emphasized that...
Source-derived case information.
- Citation
- [2023] KEHC 3106 (KLR)
- Parties
- Applicant: Calvin Omondi Ochieng; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E085 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement, Sentencing, Sexual Offences Act, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Calvin Omondi Ochieng
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the trial court failed to consider the period the applicant spent in custody before sentencing.
- 2 Whether the application is supported by sufficient evidence.
Ratio Decidendi
The application was dismissed because the applicant failed to provide any supporting documents or proceedings to demonstrate that the trial court did not consider the period spent in custody. Without such evidence, the court could not verify the applicant's claim or grant the relief sought. The court emphasized that it is the applicant's responsibility to support his application with relevant documentation, and in the absence of such, the application could not succeed.
Court Disposition
application dismissed
Orders
- The application is dismissed for lack of supporting evidence.
- The applicant may file a fresh application with supporting documents.
Full Case Text
Judgment text and source record
21 paragraphs
Ochieng v Republic (Miscellaneous Criminal Application E085 of 2022) [2023] KEHC 3106 (KLR) (28 March 2023) (Ruling)
Neutral citation: [2023] KEHC 3106 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E085 of 2022
RE Aburili, J
March 28, 2023
Between
Calvin Omondi Ochieng
Applicant
and
Republic
Respondent
(Arising from Winam Senior Principal Magistrate Sexual Offence Case No 25 of 2019. )
Ruling
1. The applicant/convict Calvin Omondi Ochieng claims that he was convicted of the offence of defilement contrary to section 8(1) (3) of the Sexual Offences Act and sentenced to serve ten (10) years imprisonment. This was vide Winam Senior Principal Magistrate Sexual Offence Case No. 25 of 2019 on May 6, 2022. He claims that the trial court did not take into account the period he spent in prison custody as the sentence pronounced on May 6, 2022 was from date of conviction.
2. However, the convict did not annex any proceedings for this court to peruse and satisfy itself on whether he was on bond during the trial or not.
3. I find the application unsupported. It is hereby dismissed.
4. The applicant can file another fresh application with documents in support.
5. File closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 28THDAY OF MARCH, 2023R. E. ABURILIJUDGE